SANCTIONS

6.1 Where it is determined that an offence under this Anti-Corruption Code has been committed, the BCCI Disciplinary Committee will be required to impose an appropriate sanction upon the Participant from the range of permissible sanctions described in Article 6.2. In order to determine the appropriate sanction that is to be imposed in each case, the BCCI Disciplinary Committee must first determine the relative seriousness of the offence, including identifying all relevant factors that it deems to:

6.1.1 aggravate the nature of the offence under this Anti-Corruption Code, namely: 
 
6.1.1.1 a lack of remorse on the part of the Participant;

6.1.1.2 whether the Participant has previously been found guilty of any similar offence under this Anti-Corruption Code and/or any predecessor regulations of the BCCI and/or the ICC Anti-Corruption Code and/or anti-corruption rules of other National Cricket Federation;

6.1.1.3 where the amount of any profits, winnings or other Reward, directly or indirectly received by the Participant as a result of the offence(s), is substantial and/or where the sums of money otherwise involved in the offence(s) are substantial;

6.1.1.4 where the offence substantially damaged (or had the potential to damage substantially) the commercial value and/or the public interest in the relevant Match(es) or Event(s);

6.1.1.5 where the offence affected (or had the potential to affect) the result of the relevant Match(es) or Event(s);

6.1.1.6 where the welfare of a Participant or any other person has been endangered as a result of the offence;

6.1.1.7 where the offence involved more than one Participant or other persons; and/or

6.1.1.8 any other aggravating factor(s) that the BCCI Disciplinary Committee considers relevant and appropriate.

6.1.2 mitigate the nature of the offence under the Anti-Corruption Code, namely:
6.1.2.1 any admission of guilt (the mitigating value of which may depend upon its timing);

6.1.2.2 the Participant's good previous disciplinary record;

6.1.2.3 the young age and/or lack of experience of the Participant;

6.1.2.4 where the Participant has cooperated with the Designated Anti-Corruption Official (or his/her designee) and any investigation or Demand carried out by him/her;

6.1.2.5 where the offence did not substantially damage (or have the potential to substantially damage) the commercial value and/or the public interest in the relevant Match(es) or Event(s);

6.1.2.6 where the offence did not affect (or have the potential to affect) the result of the relevant Match(es) or Event(s);

6.1.2.7 where the Participant provides Substantial Assistance to the Designated Anti-Corruption Official (or his/her designee), that results in the Designated Anti-Corruption Official (or his/her designee) discovering or establishing an offence under this Anti-Corruption Code by another Participant or another cricket Participant bound by such regulations or that results in a criminal or disciplinary body discovering or establishing a criminal offence or the breach of professional rules by another Participant or other third party;

6.1.2.8 where the Participant has already suffered penalties under other laws and/or regulations for the same offence; and/or

6.1.2.9 any other mitigating factor(s) that the BCCI Disciplinary Committee considers relevant and appropriate.

6.2 Having considered all of the factors described in Articles 6.1.1 and 6.1.2, the BCCI Disciplinary Committee shall then determine, in accordance with the following table, what the appropriate sanction(s) should be: 

ANTI-CORRUPTION CODE OFFENCE

RANGE OF PERMISSIBLE PERIOD OF INELIGIBILITY 

ADDITIONAL DISCRETION TO IMPOSE A FINE

Articles 2.1.1, 2.1.2, 2.1.3 and 2.1.4 (Corruption)

A minimum of five (5) years and a maximum of a lifetime.

 

 

 

 

AND, IN ALL CASES:

the BCCI Disciplinary Committee shall have the discretion to impose a fine on the Participant up to a maximum of the value of any Reward received by the Participant directly or indirectly, out of, or in relation to, the offence committed under this Anti-Corruption Code.  

Articles 2.2.1, 2.2.2 and 2.2.3 (Betting)

 

A minimum of two (2) years and a maximum of five (5) years.

Articles 2.3.1 and 2.3.3 (as it relates to an offence under Article 2.3.1) (Misuse of inside information)

A minimum of two (2) years and a maximum of five (5) years.

Articles 2.3.2 and 2.3.3 (as it relates to an offence under Article 2.3.2) (Misuse of inside information)

A minimum of six (6) months and a maximum of five (5) years. 

Articles 2.4.1 and 2.4.2 (General)

A minimum of one (1) year and a maximum of five (5) years).

Articles 2.4.3 and 2.4.4 (General)

A minimum of six (6) months and a maximum of two (2) years.




6.3 For the avoidance of doubt:

6.3.1 the BCCI Disciplinary Committee will have no jurisdiction to adjust, reverse or amend the results of any Match or Event; 

6.3.2 where a Participant is found guilty of committing two Anti-Corruption Code offences in relation to the same incident or set of facts and sanctioned separately, then any sanctions imposed should ordinarily run concurrently (and not cumulatively); and 

6.3.3 where a fine and/or costs award is imposed against a Participant, then such fine and/or costs award must be paid by the Participant directly to the BCCI within one calendar month of receipt of the decision imposing the fine and/or costs award. Should any fine and/or costs award (or agreed part-payment or instalment thereof) not be paid to the BCCI within such deadline or by the time of the next agreed payment date, then, unless the BCCI agrees otherwise, the Participant may not play, coach or otherwise participate or be involved in any capacity in any Match until such payment has been satisfied in full. The ICC and other National Cricket Federations will be entitled to give effect to and enforce this Article 6.3.3 in their respective geographical jurisdictions. 

6.4 Any period of Ineligibility imposed on a Participant shall commence on the date that the decision imposing the period of Ineligibility is issued; provided that any period of Suspension served by the Player shall be credited against the total period of Ineligibility to be served. 

6.5 No Participant who has been declared Ineligible may, during the period of Ineligibility, play, coach or otherwise participate or be involved in any capacity in any Match or any other kind of function, event or activity (other than authorised anti-corruption education or rehabilitation programmes) that is authorised, organised, sanctioned, recognised or supported in any way by the ICC, a National Cricket Federation or any member of a National Cricket Federation. The ICC and other National Cricket Federations will be entitled to give effect to and enforce this Article 6.5 in their respective geographical jurisdictions. 

6.6 A Participant who is subject to a period of Ineligibility shall remain subject to this Anti-Corruption Code, the ICC Anti-Corruption Code and the anti-corruption rules of all other National Cricket Federations, during that period. If a Participant commits an offence under this Anti-Corruption Code during a period of Ineligibility, this shall be treated as a separate offence under this Anti-Corruption Code and separate proceedings will be brought pursuant to Article 4.5. 

6.7 Once any period of Ineligibility has expired, the Participant will automatically become re-eligible to participate (in the case of a Player) or assist a Player’s participation (in the case of a Player Support Personnel) in Matches and Events provided that he/she has first: (a) completed an official anti-corruption education session to the reasonable satisfaction of the Designated Anti-Corruption Official (or his/her designee); (b) satisfied, in full, any fine and/or award of costs made against him/her by the BCCI Disciplinary Committee (c) agreed to subject him/herself to such additional reasonable and proportionate monitoring procedures and requirements as the Designated Anti-Corruption Official (or his/her designee) may reasonably consider necessary given the nature and scope of the offence committed. 

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